CONFLICTS OVER NATURAL RESOURCES: DISPUTES BETWEEN CHINA AND Japan over Senkaku/Diaoyu Islands

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Transcript of CONFLICTS OVER NATURAL RESOURCES: DISPUTES BETWEEN CHINA AND Japan over Senkaku/Diaoyu Islands

Discovery: Chinese sailors were the first who discovered the islands in the 14th century

Control: Diaoyu Islands were ruled along with Taiwan by the Qing Dynasty.

Historical maps that show Diayou Islands as part of Chinese Territory as evidences:

Book published in 1561:Diayou Islands within China's martime defense system in Ming Dynasty

Source: www.english.cntv.cnBACKGROUND OF THE SENKAKU ISLANDS DISPUTE

a. Location of islands

b. History Early 15th- They were named in the Chinese Imperial Map of the Ming Dynasty as Diaoyu Islands1895- The Japanese central government formally annexed the islands1900s- Japanese entrepreneur Koga Tatsushiro bought Islands and built a fish processing plant 1940s- Factory closed down and islands have remained deserted ever since1945- After World War II, the islands came under US government occupation1952- The U.S. government administrated Okinawa and Senkaku Islands under San Francisco Peace Treaty1969- ECAFE identified potential oil and gas reserves1972- Okinawa Reversion Treaty> returning the islands to Japanese control2010- Japan declared January 14th as "Pioneering Day"2012- Japanese government nationalized its control over 3 islands

States take high risks to save their national security in forms of continuous economic growth and guaranteed energy supply.

Discussion Questions1. To what extent, do you think natural resources are justified to be a posession of a nation or common goods in the world?2. Given now that Japan has real control on Diaoyu/Senkaku Islands, do you think the Japanese will finally exploit the natural resources(esp oil)? If so, what would happen?Japan's argumentsDiscovery is insufficient to acquire a territorial title according to international law.

United Nations' International Convention on the Law of the Sea: median line defined Senkaku as part of Japan

No evidence for effective territorial control by China since Qing Dynasty can be found.

China had accepted the Senkaku Islands as Japanese territory: -> no claims made by China -> Chinese documents stated Senkaku as Japanese islandsFirst claims since the discovery of petroleum reserves

International Law (Islands of Palmas case):

1.Title based on contiguity has no standing in international law.2. Title by discovery is only an inchoate title.3. If another sovereign begins to exercise continuous and actual sovereignty, (and the arbitrator required that the claim had to be open and public and with good title), and the discoverer does not contest this claim, the claim by the sovereign that exercises authority is greater than a title based on mere discovery.

World Atlas Collection published in 1958:The Japanese terminology "Senkaku Island" is used. Source: Ministry of Foreign Affairs JapanReferencesSu, Steven Wei. (2005). The territorial dispute over the Tiaoyu/Senkaku islands: An update. Ocean Development & International Law, 36(1), 45-61.

Suganuma, Unryu. (2000). Sovereign rights and territorial space in Sino-Japanese relations: Irredentism and the Diaoyu/Senkaku islands. University of Hawaii Press.

Pan, Zhongqi. (2007). Sino-Japanese dispute over the Diaoyu/Senkaku Islands: the pending controversy from the Chinese perspective. Journal of Chinese Political Science, 12(1), 71-92.

Park, Choon-ho. (1978). The south china sea disputes: Who owns the islands and the natural resources?. Ocean Development & International Law, 5(1), 27-59.